Case MFW Doc Filed 11/21/16 Page 1 of 2

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1 Case MFW Doc Filed 11/21/16 Page 1 of 2 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re ) Chapter 11 WASHINGTON MUTUAL, INC., et al., ) Case No (MFW) ) (Jointly Administered) Debtors. ) RE: Docket No ) Hearing Date: December 14, 2016 ) 3:00 p.m. (EDT) JOINDER OF ANDREW ESCHENBACH TO MOTION OF MELBA ANN BARTELS, ET AL. FOR AN ORDER (I) DISMISSING WMI LIQUIDATING TRUST S OMNIBUS OBJECTIONS, (II) DISMISSING WMI LIQUIDATING TRUST S ADVERSARY PROCEEDINGS, (III) DEEMING THE CLAIMANTS CLAIMS ALLOWED, AND (IV) FOR AN ASSESSMENT OF ATTORNEYS FEES AND EXPENSES Andrew Eschenbach ( Claimant ), by and through his undersigned counsel, hereby joins the Motion of Melba Ann Bartels, et al. for an Order (i) Dismissing WMI Liquidating Trust s Omnibus Objections, (ii) Dismissing WMI Liquidating Trust s Adversary Proceedings, (iii) Deeming the Claimants Claims Allowed, and (iv) For an Assessment of Attorneys Fees and Expenses (the Motion ). Background In 2009, Claimant filed a claim, which was assigned Proof of Claim No. 557 in the amount of $390,000 (the Claim ) against the Debtors bankruptcy estates and, post-confirmation, against the WMI Liquidating Trust ( WMILT ). WMILT objected to the allowance of the Claim, as set out in the 5 th and 79 th Omnibus (Substantive) Objections to Claims. Statement 1 On August 23, 2013, this Court ordered the WMI Liquidating Trust ( WMILT ) to file a declaratory action to determine whether WMILT is precluded from paying any Claimant s allowed 1 Using the abbreviations/acronyms as identified in the Motion.

2 Case MFW Doc Filed 11/21/16 Page 2 of 2 claim after settlement or trial because of the so-called golden parachute regulations and automatic termination regulations (the Order ). WMILT responded by filing an action (which has been transferred to three different courts) as well as two APA actions that sought to have a determination that the golden parachute regulations and automatic termination regulations block any payments on claims. In these actions, WMILT never addressed whether WMILT was a covered company and bound by these banking regulations. A cursory reading of the pleadings in these actions make WMILT s intent abundantly clear. WMLIT was advocating that these banking regulations apply and do in fact block any payment of these claims. It has been over three (3) years and WMILT still has not complied with this Court s Order. Relief Requested For the reasons fully set out in the Motion, Claimant respectfully requests that the Court grant this Motion, and (i) dismiss, with prejudice, WMILT s Omnibus Objections to all Claimants Bankruptcy Claims, (ii) dismiss, with prejudice, WMILT s Adversary Proceedings against all Claimants, (iii) deem all Claimants Bankruptcy Claims allowed, and (iv) assess the attorneys fees and expenses, in an amount to be determined by subsequent motion, incurred by all Claimants in the Declaratory Judgment Action to date. Claimant further respectfully requests an order directing WMILT to reimburse all Claimants for the attorneys fees and expenses incurred in connection with this Motion, and such other relief as the Court deems just and proper. Dated: November 21, 2016 Milwaukee, WI Respectfully submitted, LICHTSINN & HAENSEL, s.c. /s/ Michael J. Bennett Michael J. Bennett 111 East Wisconsin Avenue, #1800 Milwaukee, WI Telephone: (414) mbennett@lhlawfirm.com 2

3 Case MFW Doc Filed 11/21/16 Page 1 of 3 CERTIFICATE OF SERVICE I, Michael J. Bennett, hereby certify that on the 21 st day of November, 2016, I caused to be served a true and correct copy of the Joinder of Andrew Eschenbach to Motion of Melba Ann Bartels, et al. for an Order (i) Dismissing WMI Liquidating Trust s Omnibus Objections, (ii) Dismissing WMI Liquidating Trust s Adversary Proceedings, (iii) Deeming the Claimants Claims Allowed, and (iv) For an Assessment of Attorneys Fees and Expenses upon the following parties listed on the attached service list via CM/ECF and/or first class mail: Date: November 21, 2016 Milwaukee, WI LICHTSINN & HAENSEL, S.C. Attorneys for Claimant Andrew Eschenbach By: /s/ Michael J. Bennett Michael J. Bennett 111 East Wisconsin Avenue, #1800 Milwaukee, WI Tel: (414) Fax: (414) mbennett@lhlawfirm.com

4 Case MFW Doc Filed 11/21/16 Page 2 of 3 SERVICE LIST Mark D. Collins, Esq. Paul N. Heath, Esq. Amanda R. Steele, Esq. Richards, Layton and Finger PA 920 N. King Street Michael Busenkell, Esq. Gellert Scali Busenkell & Brown, LLC 1201 N. Orange Street Suite 300 Kenneth E. Aaron, Esq. Jeffrey S. Cianciulli, Esq. Weir & Partners LLP 824 Market Street Mall, Suite 1001 P.O. Box 708 Wilmington, DE Erik B. Bond, Esq. Federal Deposit Insurance Corporation Legal Division 3501 N. Fairfax Drive Arlington, VA Bruce W. Bivert 1 Trimont Lane, 460D Pittsburgh, PA Gennadiy Darakhovskiy SE 46th Place Issaquah, WA Brian T. Foster 563 Park Avenue NE Bainbridge Island, WA Suzanne R. Lehrberger 303 Robin Hood Court Irving, TX Brian S. Rosen, Esq. Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, New York Joseph J. McMahon, Jr., Esq. Ciardi Ciardi & Astin 1204 N. King Street Katherine H. Wheatley, Esq. Joshua P. Chadwick, Esq. Christopher J. Becker, Esq. Board of Governors of the Federal Reserve System 20th & C Streets, N.W. MS #9 Washington, D.C Edward F. Bach 3605 E. Kachina Drive Phoenix, AZ Curt Brower 3065 Pignatelli Crescent Mount Pleasant, SC Stephen Fortunato 31 Governors Lane Princeton, NY Tammy Harrington 405 Squire Drive Ellenwood, GA Ronald M. Lowery Carmel Valley Boerne, TX

5 Case MFW Doc Filed 11/21/16 Page 3 of 3 Patricia M. Roberts 700 New Hampshire Avenue NW, Apt 1017 Washington, DC Benjamin Turk 29 Wimberley Court Dallas, TX Bruce Weber 3167 NE Wren Way Poulsbo, WA Weija Wu nd Street SW Edmonds, WA Jane Suchan th Avenue NE Seattle, WA Bruce Alan Weber Stottlemeyer Road NE Poulsbo, WA John F. Woods 923 Eagle Ridge Drive Danville, CA